State ex rel. Bernstein v. Buchanan, 64-718
| Decision Date | 09 March 1965 |
| Docket Number | No. 64-718,64-718 |
| Citation | 172 So.2d 476 |
| Parties | The STATE of Florida ex rel. David BERNSTEIN, Appellant, v. T. A. BUCHANAN, Sheriff of Dade County, Florida, Appellee. |
| Court | Florida District Court of Appeals |
Hilery F. Silverman, Miami, for appellant.
Richard E. Gerstein, State Atty., and Roy S. Wood, Asst. State Atty., for appellee.
Before BARKDULL, C. J., and TILLMAN PEARSON and CARROLL, JJ.
The appellant was petitioner in habeas corpus in the circuit court, where he sought relief from custody under a commitment by a justice of the peace on which he was being held on a charge of statutory rape following a preliminary hearing. This appeal is from the order of the circuit judge denying habeas corpus and for remand, which was as follows:
'This cause coming on to be heard on the Petition, the Writ, and the informal return of the Respondent, and the Court, having received in evidence certain documents hereinafter mentioned, and heard argument of counsel, is of the opinion that the detention of the Petitioner by the Respondent is lawful.
'It appears that on the 14th day of May, 1963, one Charles Horovitz made an affidavit on the usual printed form provided therefor before the Honorable Ruth L. Sutton, Justice of the Peace for the Third District of Dade County, Florida, alleging that David Bernstein in the said Justice of the Peace district and on or about the 15th day of May, 1962, did then and there:
"* * * unlawfully in and upon the body of one, Diane Susan Horovitz with force and arms did unlawfully carnally know and have carnally intercourse with her the said Diane Susan Horovitz, she the said Diane Susan Horovitz being then and there an unmarried female of previous chaste character under the age of 18 years,'
Upon this affidavit Judge Sutton issued her warrant on the same date. The warrant except for the formal wording is in the exact words of the affidavit. It was made known to the Court that because the said David Bernstein had left the State of Florida and was living with his parents in the State of Virginia an Application was made to the Governor of Florida and by him a Demand made on the Governor of Virginia for the extradition of David Bernstein. This fact developed when Petitioner offered in evidence a copy of an affidavit made by Charles Morris Horovitz before Peace Justice Ruth L. Sutton on the 20th day of June, 1963, and a copy of the aforesaid warrant which appeared to have been issued by the said Judge Sutton on the 20th day of June, 1963. The Court finds that the said affidavit of June 20, 1963, was made to accompany the Application for extradition and had nothing to do with the issuance of the original warrant, and that the copy of the warrant dated the 20th day of June, 1963, is not a new warrant but was intended only as a copy of the warrant issued on the 14th day of May, 1963, and by mistake the...
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Foster v. Gilbert, Civ. No. 66-1381.
...cannot be questioned by any proceedings in the state courts. Lee v. Van Pelt, 57 Fla. 94, 48 So. 632 (1909); State ex rel. Bernstein v. Buchanan, 172 So.2d 476 (Fla.App.1965); Buchanan v. State, 167 So.2d 43 (Fla.App.1964). And where a party is confined in jail under a commitment issued upo......
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Holland v. State, 5D01-100.
...Edwards v. State, 705 So.2d 943, 945 (Fla. 5th DCA 1998); Grant v. State, 183 So.2d 596, 597 (Fla. 1st DCA 1966); State v. Buchanan, 172 So.2d 476 (Fla. 3d DCA 1965). ...